HELP very unhappy buyer
Discussion
All
Sorry I know this has been done before but im freaking out.We decided to sell our diesel car because we were worried about possible big repair bills having read all the stories about diesel engines.And also because it was just too big for my wifes job which can be door to door.Then the turbo decided it needed replacing so we coughed up the best part of a £1000 got the work done and the car serviced.
Approximately two weeks ago we sold it but the very next day I started receiving text messages from the buyer saying it would not start and that I had sold a car with hidden faults.I immediately defended myself and told him it had never failed to start once in the almost three years we owned it.It then went quiet until today when I got a text saying the car has a serious fault requiring a new head at a cost of 2k.He went on to say he had already spent £300 diagnosing the fault and now wanted his money back and didnt trust me and that I had hidden the faults.Otherwise he said he would have to consider what he will do next.I have not yet responded.
I swear to you all I had no knowledge of such a fault and feel really worried and scared right now.The car was genuine low mileage with a mainly full main dealer history.
The buyer did sign a sold as seen receipt but the only thing is we are still awaiting the V5 back as there was a change of plate so it will still be registered to us.
Financially this will screw us,your advice please.
Sorry I know this has been done before but im freaking out.We decided to sell our diesel car because we were worried about possible big repair bills having read all the stories about diesel engines.And also because it was just too big for my wifes job which can be door to door.Then the turbo decided it needed replacing so we coughed up the best part of a £1000 got the work done and the car serviced.
Approximately two weeks ago we sold it but the very next day I started receiving text messages from the buyer saying it would not start and that I had sold a car with hidden faults.I immediately defended myself and told him it had never failed to start once in the almost three years we owned it.It then went quiet until today when I got a text saying the car has a serious fault requiring a new head at a cost of 2k.He went on to say he had already spent £300 diagnosing the fault and now wanted his money back and didnt trust me and that I had hidden the faults.Otherwise he said he would have to consider what he will do next.I have not yet responded.
I swear to you all I had no knowledge of such a fault and feel really worried and scared right now.The car was genuine low mileage with a mainly full main dealer history.
The buyer did sign a sold as seen receipt but the only thing is we are still awaiting the V5 back as there was a change of plate so it will still be registered to us.
Financially this will screw us,your advice please.
macp said:
Financially this will screw us,your advice please.
No it won't. Because you won't give him his money back......or at least you shouldn't.
Text him back saying that he had the chance to inspect before purchase and the car was sold on that basis.
Don't make any further contact.
Anything like this, I would usually say to just ignore, however, this changes things:
This is another case which backs up what I try to say to everyone, do not sell a car if you a are planning to take a PP off it until you have the correct V5 back.
macp said:
we are still awaiting the V5 back as there was a change of plate so it will still be registered to us.
Your issue being that you will have to get him to sign it to change it into his name, which I doubt he is going to be willing to, I'm sure someone more knowledgeable will come to help though.This is another case which backs up what I try to say to everyone, do not sell a car if you a are planning to take a PP off it until you have the correct V5 back.
andburg said:
sold as seen, private sale.
kicker is its illegal to sell a car without the V5 and you now have to get him to sign / date and provide details foir the V5!
I called DVLA and they said legally not an issue.I know in the past when I have sold cars I have sent the V5 off without the new buyers signature and there was never an issue ?kicker is its illegal to sell a car without the V5 and you now have to get him to sign / date and provide details foir the V5!
I have his full name & address.
I feel really sorry for him but how could I have known and why would I bother spending 1k on a new turbo.
Edited by macp on Thursday 9th October 17:48
This would be best in SP&L.
Numerous threads on this subject which a 'search' will show you.
Basically, if you are not a trader, have little or no mechanical knowledge and have made no misleading statements about the condition of the car your buyer has no comeback against you and can threaten & bluster as much as they like.
As already mentioned 'Caveat emptor' - let the buyer beware - applies.
Have a read through this link from the AA, the 'private buyer' section is about 3/4 of the way down the page and includes:
"The only legal terms that cover a private sale contract are:
the seller must have the right to sell the car
the vehicle should match the description given by the seller
the car must be roadworthy - it is a criminal offence to sell an unroadworthy car and an MOT certificate from a test several months ago is no guarantee that the car is roadworthy today."
http://www.theaa.com/motoring_advice/car-buyers-gu...
Numerous threads on this subject which a 'search' will show you.
Basically, if you are not a trader, have little or no mechanical knowledge and have made no misleading statements about the condition of the car your buyer has no comeback against you and can threaten & bluster as much as they like.
As already mentioned 'Caveat emptor' - let the buyer beware - applies.
Have a read through this link from the AA, the 'private buyer' section is about 3/4 of the way down the page and includes:
"The only legal terms that cover a private sale contract are:
the seller must have the right to sell the car
the vehicle should match the description given by the seller
the car must be roadworthy - it is a criminal offence to sell an unroadworthy car and an MOT certificate from a test several months ago is no guarantee that the car is roadworthy today."
http://www.theaa.com/motoring_advice/car-buyers-gu...
davamer23 said:
Just ignore, fill in the buyers details on v5 and send it off.I assume you have his details? You don't need him to sign it. If he wanted a warranty he should've gone to a dealer. In future only sell when the paperwork is in order.
Yes lesson learned but we never knew that the car had a serious fault if true.Yes we have his name & address.We haven't had Arkell -v- Pressdram mentioned for a while, have we?
For those few who are unaware:
http://www.lettersofnote.com/2013/08/arkell-v-pres...
For those few who are unaware:
http://www.lettersofnote.com/2013/08/arkell-v-pres...
Private Eye said:
Dear Sirs,
We acknowledge your letter of 29th April referring to Mr. J. Arkell.
We note that Mr Arkell's attitude to damages will be governed by the nature of our reply and would therefore be grateful if you would inform us what his attitude to damages would be, were he to learn that the nature of our reply is as follows: fk off.
Yours,
Private Eye
We acknowledge your letter of 29th April referring to Mr. J. Arkell.
We note that Mr Arkell's attitude to damages will be governed by the nature of our reply and would therefore be grateful if you would inform us what his attitude to damages would be, were he to learn that the nature of our reply is as follows: fk off.
Yours,
Private Eye
macp said:
... we sold it but the very next day I started receiving text messages from the buyer saying it would not start and that I had sold a car with hidden faults.I immediately defended myself and told him it had never failed to start once in the almost three years we owned it.It then went quiet until today when I got a text saying the car has a serious fault requiring a new head at a cost of 2k.He went on to say he had already spent £300 diagnosing the fault and now wanted his money back and didnt trust me and that I had hidden the faults.Otherwise he said he would have to consider what he will do next.I have not yet responded.
Surely tucking them under the carpet isn't the best place?? Joking apart , he has "buyer's remorse" and (in response to your last 5 words in the quote) don't respond and don't engage any further. Easier said than done, I know , but don't engage at all with him.
A friend of mine had this problem a few years ago when he sold his low mileage car, The buyer came back after a week and demanded his money back saying the car had a serious fault.
My friend had owned the car from new and it had full history, it was a family car and he drove his kids around in it.
He asked me to go to his house for moral support as the buyer and his mate were getting very aggressive. When my mate didn't back down, the buyers mate came clean and said the buyer had been caught by a speed camera and was on maximum points so was going to lose his license.
Basically he wanted his money back and was going to deny all knowledge of buying the car to try and get away with speeding and a ban.
My mate told him to sling his hook and he never heard anymore after that.
Not all people in life are genuine that you come in to contact with.
My friend had owned the car from new and it had full history, it was a family car and he drove his kids around in it.
He asked me to go to his house for moral support as the buyer and his mate were getting very aggressive. When my mate didn't back down, the buyers mate came clean and said the buyer had been caught by a speed camera and was on maximum points so was going to lose his license.
Basically he wanted his money back and was going to deny all knowledge of buying the car to try and get away with speeding and a ban.
My mate told him to sling his hook and he never heard anymore after that.
Not all people in life are genuine that you come in to contact with.
macp said:
andburg said:
sold as seen, private sale.
kicker is its illegal to sell a car without the V5 and you now have to get him to sign / date and provide details foir the V5!
I called DVLA and they said legally not an issue.I know in the past when I have sold cars I have sent the V5 off without the new buyers signature and there was never an issue ?kicker is its illegal to sell a car without the V5 and you now have to get him to sign / date and provide details foir the V5!
I have his full name & address.
I feel really sorry for him but how could I have known and why would I bother spending 1k on a new turbo.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff